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31South Miami An- AmedcaCiry CITY OF SOUTH MIAMI 1 ®' OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM zoor To: The Honorable Mayor Stoddard and Members of the City Commission Via: Buford R. "Randy" Witt, Acting City Manager Iq rint.rAL From: Thomas J. Vageline, Director Planning and Zoning Departmen& Pate: Aup-ust 3, 2010 ITEM Subject: An ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20- 5.16(F) of the Land Development Code entitled "Unity of Title submittal procedures" in order to remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of Title and subsection 20- 5.16(F) entitled "Required provisions to be included in the Declaration of Restrictive Covenants in Lieu of Unity of Title "; amending Section 20 -7.30 (A) and Section 20 -8.16 (A) to remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of Title; providing for severability; providing for ordinances in conflict; and providing an effective date. BACKGROUND In 2007 the City Commission amended certain sections of the Land Development Code in order to add to the existing Unity of Title provisions. The add on was to allow the City to accept a Declaration of Restrictive Covenants in lieu of a Unity of Title. The purpose of using a Declaration of Restrictive Covenant document was to allow two or more separate owners who want to develop a property (abutting properties) but maintain separate ownership and provide a guarantee to the City that the development will be in compliance with an approved plan and all other City regulations. This provision was used as part of the settlement agreement related to the City's Municipal Parking Garage in which the City was partnered with a private owner in order to proceed with construction. The 2007 provisions were drafted by the City Attorney's office and amended into the Land Development Code on February 20, 2007 by the adoption of two ordinances, Ordinance. No. 04 -07 -1905 and Ordinance No. 05 -07 -1906 (see attached). The Planning Board did review the two ordinances at its November 29, 2006 meeting at which time the Board recommended that the amendments not be adopted (denied). Copies of excerpts from this meeting are also attached. RECONSIDERATION REQUESTED The City Attorney and the Mayor have recently expressed concern that the amendments placed in the LDC in 2007 are not necessary and should be removed from the Land Development Code. Allowing multiple ownership of a single development project can result in serious problems in the form of development approvals, construction regulation and long term property maintenance. An executed Unity of Title document and a Development Agreement (between one owner and the City) can serve the same purpose as the Declaration of Restrictive Covenants. Attached is a draft ordinance which contains the necessary amendments to the Land Development Code removing from three different Code sections all references to and regulations related to the Declaration of Restrictive Covenants in lieu of a Unity of Title. 2 PLANNING BOARD ACTION: The Planning Board at its June 15, 2010 meeting adopted a motion by a vote of 6 ayes 0 nay recommending approval of the proposed amendment. RECOMMENDATION It is recommended that the amendments as set forth in the attached draft ordinance be approved. Backup Documentation: Draft Ordinance Ordinance. No. 04 -07 -1905 ,. Ordinance No. 05 -07 -1906 Planning and Zoning Department Staff Report 6 -15 -10 Planning Board Minutes Excerpt 6 -15 -10 Planning Board Minutes Excerpt 11 -29 -06 - TJV /SAY X \Comm Items\2010 \8- 3- 10\LDC Amend Declaration of Coven CM Report.doc I ORDINANCE NO. 2 3 An ordinance of the Mayor and City Commission of the City of South Miami, 4 Florida, to amend Section 20- 5.16(F) of the Land Development Code entitled "Unity 5 of Title submittal procedures95 in order to remove all references to a Declaration of 6 Restrictive Covenants in Lieu of Unity of Title and subsection 20- 5.16(F) entitled 7 "Required provisions to be included in the Declaration of Restrictive Covenants in 8 Lieu of Unity of Title "; amending Section 20 -7.30 (A) and Section 20 -8.16 (A) to 9 remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of 10 Title; providing for severability; providing for ordinances in conflict; and providing 11 an effective date. 12 13 WHEREAS, The Land Development Code on February 20, 2007 was amended by the 14 adoption of two ordinances, Ordinance. No. 04 -07 -1905 and Ordinance No. 05 -07 -1906 which 15 amendments modified certain sections of the Land Development Code in order to add to the 16 existing Unity of Title provisions that the City could accept a Declaration of Restrictive 17 Covenants in lieu of a Unity of Title.; and 18 19 WHEREAS, The purpose of using a Declaration of Restrictive Covenant document 20 was to allow two or more separate owners who want to develop a property (abutting 21 properties) but maintain separate ownership and provide a guarantee to the City that the 22 development will be in compliance with an approved plan and all other City regulations; 23 and 24 25 WHEREAS, the Declaration of Restrictive Covenant provision was used as part of 26 the settlement agreement related to the City's Municipal Parking Garage in which the City 27 was partnered with a private owner in order to proceed with construction. 28 29 30 WHEREAS, recently expressed concerns that the amendments placed in the LDC in 31 2007 are not necessary because allowing multiple ownership of a single development 32 project can result in serious problems in the form of development approvals, construction 33 regulation and long term property maintenance; and 34 35 WHEREAS, an executed Unity of Title document and a Development Agreement 36 (between one owner and the City) can serve the same purpose as the Declaration of 37 Restrictive Covenants; and 38 39 WHEREAS, the Planning and Zoning Department prepared an amendment to 40 Land Development Code which contains the necessary changes to remove from three 41 different sections all references to and regulations related to the Declaration of Restrictive 42 Covenants in lieu of a Unity of Title; and 43 44 WHEREAS, The Planning Board at its June 15, 2010 meeting adopted a motion by a 45 vote of 6 ayes 0 nay recommending approval of the proposed amendment; and 46 47 WHEREAS, the City Commission desires to accept the recommendation of the 48 Planning Board and enact the aforesaid amendment. 49 50 51 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 5 Section 1. That Section 20 -5.16 entitled "Unity of title submittal and procedures" is hereby 6 amended to read as follows: 7 8 ARTICLE V. PROCEDURES AND APPLICATIONS gx 10 11 20 -5.16 Unity of title submittal and procedures. 12 13 ""= A Unity of Title, as defined in section 14 �-...:+,. °F'�� shall be required as specified below and shall be a prerequisite to 15 the issuance of a building permit. 16 17 (A)La) Required. A unity of title 18 to shall be required in the following cases: 19 20 1. Whenever the building site consists of more than one lot or parcel and the 21 main building is located on one lot or parcel and auxiliary or accessory use 22 buildings are located on the remaining lot or parcel comprising the 23 building site. 24 25 2. Whenever the building site consists of more than one lot or parcel and the 26 main building is located on one or more of the lots or parcels and the 27 remaining lots or parcels encompassing the building site are required to 28 meet the minimum zoning requirements. 29 30 3. Whenever a unity of title is required by a provision within this Code or is 31 specifically required by an ordinance or resolution passed and adopted by 32 the city commission. 33 34 (B) Submittal. A unity of title 35 shall be submitted to the planning and zoning department. 36 37 (C) Approval. Once a unity of title has 38 been approved by the city commission, it shall be subject to approval by the city 39 attorney as to form and content. 40 41 (D) Recording. A unity of title 42 shall be recorded in the public records of Miami -Dade County prior to the issuance 43 of any building permit. The unity of title o 1'- -« -- `-- "`-' " «," _ '_ ':"" "o " 44ro shall run with the land and shall be binding upon the property owner, 45 his/her successors and assigns. The owner shall pay the fee as required for 46 recording a unity of title r ° """ "` " " ' "' «'° in 47 the public records of Miami -Dade County. 48 49 (E) Release. Any unity of title or d- "lar "`' "_ of : " «:,° "•. "r "c ., 50 required by this section shall not be released except upon approval by resolution 51 passed and adopted by the city commission, after a public hearing, and executed by 52 the city manager and the city clerk. The release of the unity of title 53 ` "'°'" ""' of mstfi A -ns iR lieu @9 utters -446 is contingent upon a cessation of 54 the conditions and /or criteria which originally required the execution of the subject 55 unity of title. 11111p11111111111111111111 M! I gm�l 7 b g 9 10 11 12 E' MIR MINN • c I ♦ • v _ .___ ____ _. ..� � c _'vim MT _ _ _ tpnr N • W WON 10 I 1 12 13 14 15 16 17 Note: New wording shown in bold/underlined; wording to be removed shown 18 19 Section 2 That Section 20 -7.30 entitled "Unity of Title or Declaration of Restrictions in 20 Lieu of Unity of Title required" is hereby amended to read as follows-. 21 22 ARTICLE VII. 23 HOMETOWN DISTRICT OVERLAY ORDINANCE 24 25 26 20 -7.30 Unity of Title ' Fn _ -.: _tee° rrr r required. 27 28 (A) A Unity of Title F n +_: +; __ :_ r : ,. Frr ; FT; +to as set 29 forth in Section 20 -5.16, is required for all platted lots in any development project within the HD if 30 any of the following conditions exist: 31 32 (1) If a development project is to be built on two (2) or more abutting platted lots; 33 34 (2) If the permitted density of a development project is based upon the averaging of 35 two (2) or more platted lots either abutting or located on the opposite sides of a 36 public right -of -way or alley; 37 38 (3) If the required parking for a development project is located on a lot other than on the 39 site which is generating the required parking. 40 41 42 43 Section 3 That Section 20 -8.16 entitled "Unity of Title or Declaration of Restrictions in 44 Lieu of Unity of Title required" is hereby amended to read as follows: 45 46 ARTICLE VIII. 47 TRANSIT - ORIENTED DEVELOPMENT DISTRICT 48 49 50 20 -8.16 Unity of Title - " °" - "' °` t "'° required. 51 52 (A) A Unity of Title r ro - - r :_.. Frr_�rm; +I as set 53 forth in Section 20 -5.16, is required for all platted lots in any development project within the 54 TODD if any of the following conditions exist: 55 - .. .__.____- a s— :_e_E_..e._ ._— _.e. -. —.— • _ . _ .. __._ ___ _ a o —_ —a_- : __ .__ __�. —_____ __ _ —_ —___ __ 10 I 1 12 13 14 15 16 17 Note: New wording shown in bold/underlined; wording to be removed shown 18 19 Section 2 That Section 20 -7.30 entitled "Unity of Title or Declaration of Restrictions in 20 Lieu of Unity of Title required" is hereby amended to read as follows-. 21 22 ARTICLE VII. 23 HOMETOWN DISTRICT OVERLAY ORDINANCE 24 25 26 20 -7.30 Unity of Title ' Fn _ -.: _tee° rrr r required. 27 28 (A) A Unity of Title F n +_: +; __ :_ r : ,. Frr ; FT; +to as set 29 forth in Section 20 -5.16, is required for all platted lots in any development project within the HD if 30 any of the following conditions exist: 31 32 (1) If a development project is to be built on two (2) or more abutting platted lots; 33 34 (2) If the permitted density of a development project is based upon the averaging of 35 two (2) or more platted lots either abutting or located on the opposite sides of a 36 public right -of -way or alley; 37 38 (3) If the required parking for a development project is located on a lot other than on the 39 site which is generating the required parking. 40 41 42 43 Section 3 That Section 20 -8.16 entitled "Unity of Title or Declaration of Restrictions in 44 Lieu of Unity of Title required" is hereby amended to read as follows: 45 46 ARTICLE VIII. 47 TRANSIT - ORIENTED DEVELOPMENT DISTRICT 48 49 50 20 -8.16 Unity of Title - " °" - "' °` t "'° required. 51 52 (A) A Unity of Title r ro - - r :_.. Frr_�rm; +I as set 53 forth in Section 20 -5.16, is required for all platted lots in any development project within the 54 TODD if any of the following conditions exist: 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 11 (1) If a development project is to be built on two (2) or more abutting platted lots; (2) If the permitted density of a development project is based upon the averaging of two (2) or more platted lots either abutting or located on the opposite sides of a public right -of -way or alley; (3) If the required parking for a development project is located on a lot other than. on the site which is generating the required parking. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinanct are hereby repealed. Section 5. If any section, clause, sentence, or phrase of this ordinance is for any reason heId invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 6. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK 1" Reading — 2 "d Reading — READ AND APPROVED AS TO FORM AND SUFFICIENCY CITY ATTORNEY day of 2010 MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: (New wording in bold and underlined; wording removed in - ) X:IComm 1temsV0M8- 3- JMLDCAmend Vote Req. Ord.doc To: Honorable Chair and Planning Board Members From: Thomas J. Vageline, Director Planning and Zoning Department Date: June 15, 2010 Re: LDC Amendment — Declaration of Covenants Removal See. 20 -5.16 (F); 20 -7.30; 20 -8.16 PB -10 -009 Applicant: City of South Miami An ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20- 5.16(F) of the Land Development Code entitled "Unity of Title submittal procedures" in order to remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of Title and subsection 20- 5.16(F) entitled "Required provisions to be included in the Declaration of Restrictive Covenants in Lieu of Unity of Title "; amending Section 20 -7.30 (A) and Section 20 -8.16 (A) to remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of Title; providing for severability;. providing for ordinances in conflict; and providing an effective date. BACKGROUND In 2007 the City Commission amended certain sections of the Land Development Code in order to add to the existing Unity of Title provisions. The add on was to allow the City to accept a Declaration of Restrictive Covenants in lieu of a Unity of Title. The purpose of using a Declaration of Restrictive Covenant document was to allow two or more separate owners who want to develop a property (abutting properties) but maintain separate ownership and provide a guarantee to the City that the development will be in compliance with an approved plan and all other City regulations. This provision was used as part of the settlement agreement related to the City's Municipal Parking Garage in which the City was partnered with a private owner in order to proceed with construction. The 2007 provisions were drafted by the City Attorney's office and amended into the Land Development Code on February 20, 2007 by the adoption of two ordinances, Ordinance. No. 04 -07 -1905 and Ordinance No. 05 -07 -1906 (see attached). The Planning Board did review the two ordinances at its November 29, 2006 meeting at which time the Board recommended that the amendments not be adopted (denied). Copies of excerpts from this meeting are also attached. RECONSIDERATION REQUESTED The City Attorney and the Mayor have recently expressed concern that the amendments placed in the LDC in 2007 are not necessary and should be removed from the Land Development LDC Amendment June 15, 2010 2 Code. Allowing multiple ownership of a single development project can result in serious problems in the form of development approvals; construction regulation and long term property maintenance. An executed Unity of Title document and a Development Agreement (between one owner and the City) can serve the same purpose as the Declaration of Restrictive Covenants. Attached are the proposed amendments to the Land Development Code which will remove from the three sections all references to and regulations related to the Declaration of Restrictive Covenants in lieu of a Unity of Title. RECOMMENDATION It is recommended that the proposed amendments set forth on the attached amendment document (pp. 3 -7) be approved. Attachments: LDCAmendment Document Ordinance. No. 04 -07 -1905 Ordinance No. 05 -07 -1906 Planning Board Minutes Excerpt 11 -29 -07 Public Notices ORDINANCENO. 04 -07 -1905 AN ORDINANCE OF THE MAYOR. AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -5.16 OF THE LAND DEVELOPMENT CODE RELATING TO UNITY OF. TITLE; CREATING SUBSECTION 20- 5.16(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami desire to promote, protect and improve the health, safety and welfare of the residents and businesses of, and visitors to, the City of South Miami by enhancing the provisions of the city's land development code by providing additional options, which options would facilitate the growing trend of mixed use development; and, WHEREAS, the city's Land Development Code provides enhanced regulation of building construction and regulation within the city; and, "WHEREAS, pursuant to Section 20 -5.16 of the Land Development Code, the city" only allowed certain developments if the property was tied to a "unity of title ", and, WHEREAS, A Unity of Title is a written agreement executed by and between a property owner and the city, whereby the property owner for a specified consideration by the city agrees that the lots constituting a building site shall not be conveyed, mortgaged from each other, and that they shall be held together as and/or Leased separate and apart one tract; and, WHEREAS, it is in the best interests of the city, and consistent with mixed use development trends, to provide the city with. the option of requiring a declaration 'of restriction in lieu of unity of title, rather than solely the option of a unity of title for development; and, WHEREAS, the use of a declaration of restrictions in lieu of a unity of title would provide the same safeguards, provided however, there project could be developed with multiple ownership, rather than a single individual; and, WHEREAS, pursuant to the powers vested in South Miami pursuant to chapters 163 and 166, Florida Statutes, the City desires to enhance the effectiveness of the city's Land Development Code by providing options to the city, its residents and its businesses Page 1 of 7 Ord. No. 04 -07 -1905 by providing alternative mechanisms for achieving the site plan protection the city desires; and, WHEREAS, the Planning Board at its November 29, 2006 meeting, after a public hearing, adopted a motion by a vote of 4 ayes 2 nays recommending denial of proposed amendments; and, WHEREAS, the Mayor and City Commission desire to amend Section 20 -5.16, of the Land Development Code to provide for either a unity of title or a declaration of restrictions in lieu of a unity of title for developments. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI; FLORIDA: Section 1. Section 20 -5.16 is amended to reads as follows: 20 -5.16 Unity of title submittal procedures. Either a Unity of Title, as defined in section 20 -2.3, or a Declaration of Restrictive Covenants in Lieu of Unity of Title -shall be required as specified below and shall be a prerequisite to the issuance of a building permit. (A) Required. A Unity of Title or a Declaration of Restrictive Covenants in Lieu of Unity of Title shall be required in the following cases: Whenever the building site consists of more than one lot or parcel and the main building is located on one lot or parcel and auxiliary or accessory use buildings are located on the remaining lot or parcel comprising the building site. 2. Whenever the building site consists of more than.one lot or parcel and the main building is located on one or more of the lots or parcels and the remaining lots or parcels encompassing the building site are required to meet the minimum zoning requirements. 3. Whenever a Unity of Title is required by a provision within this Code or is specifically required by an ordinance or resolution passed and adopted by the City Commission. (B) Submittal. A Unity of Title or a Declaration of Restrictions in Lieu of Unity of Title shall be submitted to the Planning and Zoning Department. Page 2 of 7 Ord. No 04 -07 -1905 (C) Approval. Once a Unity of Title or a Declaration of Restrictions in Lieu of Unity of Title has been approved by the City Commission, it shall be subject to approval by the City Attorney as to form and content. (D) Recording. A Unity of Title or a Declaration of Restrictions in Lieu of Unity of Title shall be recorded in the Public Records of Miami -Dade County prior to the issuance of any building permit. The Unity of Title or Declaration of Restrictions in lieu of a, Unity of Title shall run with the land and shall be binding upon the property owner; his/her successors and assigns. The owner shall pay the fee as required for recording a Unity of Title or a Declaration of Restrictions in Lieu of Unity of Title in the Public Records of Miami -Dade County. (E) Release. Any Unity of Title or any Declaration of Restrictions in Lieu of Unity of Title required. by this section shall not be released except upon approval by resolution passed and adopted by the City Commission, after a public hearing, and executed by the City Manager and the City Clerk. The release of the Unity of Title or the Declaration of Restrictions in Lieu of Unity of Title is contingent upon a cessation of the conditions and/or criteria which originally required the execution of the subject Unity of Title. . (F) Required provisions to be included in the Declaration of Restrictions in Lieu of Unity of Title. 1. The site or property shall be developed in substantial compliance with the site plan or development order approved by the City Commission. No modification shall be effected in said site plan without the written consent of the then owner(s) of the Property, and the submittal of an application to modify the plan or covenant at public hearing before the City Commission. 2. If the Property is developed in phases, each phase will be developed in substantial accordance with the site plan. 3. In the event of multiple ownership subsequent to said site plan approval,, each of the subsequent owners, mortgagees and other parties in interest shall be bound by the terms, provisions and conditions of this instrument. Owner further agrees that it will not convey portions of the Properly to such other parties unless and until the Owner and such other party or parties shall have executed and mutually delivered in recordable form, and instrument to be known as an "Easement and Operating Agreement" which shall contain, among other things: Page 3 of 7 Ord. No (i) easements in the common area of each parcel for ingress to 04 -07 -1905 and egress from other parcels; easements in the common area of each parcel for the passage and parking of vehicles; easements in the common area of each parcel for the passage and accommodation of pedestrians; (iv) easements for access roads across the common area of each parcel to private roadways; (v) easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; (vi) easements on each such parcel for construction of buildings and improvements in favor of each such other parcel; (vii) easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations; (viii) easements on each parcel for attachment of buildings; (ix) easements on each such parcel for building overhangs, other overhangs and projections encroaching upon such parcel from adjoining parcel such 'as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like; (x) appropriate reservation of rights to grant easements to utility companies; (xi) easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and (xii) appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking. facilities, common areas and the like. Page 4 of 7 Ord. No. 04 -07 -1905 (xiii) Appropriate agreements to ensure that the property owners are bound by any existing and enforceable declarations of restrictions tied to the underlying properties. The easement provisions or portions thereof may be waived by the City Attorney, if they are not applicable to the subject, application. When executed, the Easement and Operating Agreement shall not be amendd without the prior written approval of the City Attorney. Such Easement and Operating Agreement may contain such other provisions with respect to the operation, maintenance and development of the Property as to which the parties thereto may agree, all to the end that although the property may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the approved site plan. 4. The provisions of the Declaration of Restrictions in Lieu of Unity of Title instrument shall become effective upon their recordation in the public records of Miami -Dade County, Florida; and shall continue in effect for a period of thirty ,(30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in. writing by the then owners of the Property and the City Commission, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the property for the purposes herein intended. 5. The provisions of this instrument may be amended or modified by a written instrument executed by the then Owner or Owners of the Property, with joinders by all mortgagees, if any. The provisions of this instrument may be amended, modified or released by a written instrument executed by the then Owner or Owners of the Property, with joinders by all mortgagees, if any, after public hearing. Should this Declaration of Restrictive Covenants be so amended, modified or released, after public hearing and approval of the City Commission, the City Attorney, or his /her successor, shall forthwith execute a Written instrument effectuating and acknowledging such release. 6. Enforcement shall be by action against any parties or persons violating or attempting to violate any covenants. The prevailing party to any action or suit pertaining. to or arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements, allowed by law, such sum as the Court may adjudge to be reasonable for the services of his/her attorney. This Page 5 of 7 Ord. no. 04 -07 -1905 enforcement provision shall be in addition to any other remedies available at law, in equity or both. 7. Invalidation of any of the covenants identified in this section 20- 5.16(F), by judgment of Court shall not affect any of the other provisions, which shall remain in full force and effect. 8. All rights, remedies and privileges granted pursuant to the Declaration of Restrictions in Lieu of Unity of Title shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 9. in the event of a.violation of this Declaration, in addition to any other remedies available, the City of South Miami is hereby authorized to withhold any future permits, and refase to make any inspections or grant any approval, until such time as the Declaration of Restrictive Covenants in Lieu of Unity of Title are complied with. 10. The Declaration shall be recorded in the public records of Miami - Dade County at the Owner's expense. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall be codified and included in the Land Development Code. Section 5. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this2Rtlday of February, 2007 ATTEST: APPROVED: '\-.Y YOR Page 6 of 7 Ord, No. 04 -07 -1905 READ AND APPROVED AS TO FORM: Luis R. o, Nagin Gallop Figueredo, P.A. Office of City Attorney 1"Reading— 12/19/06 2"d Reading —2 / 20 / 07 COMMISSION VOTE: 4 -1 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Bins: Yea Commissioner Palmer: Nay Commissioner Beckman: Yea Page 7 of 7 ORDINANCE NO. 05-07-1906 AN ORDINANCE OF.THE MAYOR AND CITY COMMISSION OF THE CI'T'Y OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTIONS 20 -7.30 AND 20 -8.16 RELATING TO.UNITY OF TITLE; PROVIDING FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF' UNITY OF TITLE; PROVIDING FOR SEVERABILTTY, . ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami desire to promote, protect and improve the health, safety and welfare of the residents and businesses of, and visitors_ to, the City of South Miami by enhancing the provisions of the city's land development code by providing additional options, which options would facilitate the growing trend of mixed use development; and, WHEREAS, the city's land development code provides enhanced regulation of building construction and regulation within the city; and, WHEREAS, pursuant to section 20 -5.16 of the land development code, the city allows the use of either a "unity of title" or a declaration of restrictions in lieu of unity of title, and, WHEREAS, it is in the best interests of the city, and consistent with mixed use development trends, and particularly, within the TODD district, to provide the city with the option of requiring a declaration of restriction in lieu of unity of title, rather than solel the option of a unity of title for development; and, WHEREAS, the use of a declaration of restrictions in lieu of a unity of title would provide the same safeguards, provided however, there project could be developed with multiple ownership, rather than a single individual; and, WHEREAS, pursuant to the powers vested in South Miami pursuant to chapters 163 and 166, Florida Statutes, the City desires to enhance the effectiveness of the city's land development code by providing options to the city, its residents and its businesses by providing alternative mechanisms for achieving the site plan protection the city desires; and, WHEREAS, the Mayor and City Commission desire to amend sections 20 -7.30 and 20 -8.16, of the Land Development Code to provide for either a unity of title or a declaration of restrictions in lieu of a unity of title for developments within the Hometown district or the TODD district. Additions shown by underlining and deletions shown by event-' b pg.2 of Ord. No. 05 -07 -1906 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20 -7.30 is amended to read as follows: 20 -7.30: Unity of tTitle or Declaration of Restrictions in Lieu of Uniiv of Title required. (A) A Unity of Title or a Declaration of Restrictions in Lieu of Unity of Title as set forth in Section 20 -5.16, is required for all platted lots in any development project within. the HD if any of the following conditions exist (1) If a development project is to be built on two (2) or more abutting platted lots; (2) If the permitted density of a development project is based upon the averaging of two or more platted lots either abutting or located on the opposite side of a public rigbt -or -way or alley; (3) If the required parking for a development project is located on a lot other than on the site which is generating the required parking. Section 2. Section 20 -8.16 is amended to reads as follows: 20 -8.16 Unity of tTitle or Declaration of Restrictions in Lieu of Unity of Title required. (A) A Unity of Title or a Declaration of Restrictions in Lieu of Unity of Title as set forth in Section 20 -5.16, is required for all platted lots in any development project within the TODD if any of the following conditions exist:_ (1) If a development project is to be built on two (2) or more abutting platted lots; (2) If the permitted density of a development project is based upon the averaging of two or more platted lots either abutting or located on the opposite side of a public right -or -way or alley; (3) If the required parking for a development project is located on a lot other than on the site which is generating the required parking. ,..,m Additions shown by underlining and deletions shown by mss. Pg. 3 of Ord. No. 05 -07 -1906 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. This ordinance shall be codified and included in the Code of Ordinances. Section 6. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this 2 o 04ay of February, 2007. ATTEST: 1 r .U•4yie��i Q I`�' CLE READ AND APPROVED AS TO FORM: Lu s . Fi�ueredo, Na m Gallop Figueredo, P.A. Office of City Attorney APPROVED: MAYOR, 1St Reading — 1 / 9 / 07 2"d Reading-2/20/07 COMMISSION VOTE: 4 -1 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Eirts: Yea Commissioner Palmer: Nay Commissioner Beckman: Yea kin Additions shown by underlining and deletions shown by �_- s�ix == o- CITE' OF SOUTH MIAMI PLANNING BOARD Regular Meeting Meeting Minutes Tuesday, June 15, 2010 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:46 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Vice Chair Morton requested a roll call. 0 Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Whitman, Mr. Farfan, Ms. Beckman and Mr. Cruz. Board members absent: Ms. Yates. City staff present: Mr. Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis (Planning & Zoning Consultant) and Marcus Lightfoot (Permit Facilitator). Deputy City Attorney: Mr. Mark Goldstein III.: Planning Board Applications/Public Hearings PB -10 -009 Applicant: City of South Miami An ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20- 5.16(F) of the Land Development Code entitled "Unity of Title submittal procedures" in order to remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of Title and subsection 20- 5.16(F) entitled "Required provisions to be included in the Declaration of Restrictive Covenants in Lieu of Unity of Title "; amending Section 20 -7.30 (A) and Section 20 -8.16 (A) to remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of Title; providing for severability; providing for ordinances in conflict; and providing an effective date. Planning Board Meeting June 15, 2010 Excerpt Page 2 of 3 Action: Mr. Morton read the item into the record. Mr. Youkilis informed the Board. that in 2007, the City Commission adopted an ordinance amending the LDC to expand the definition of Unity of Title primarily because the unity of title instrument could not be used for the City's parking garage project. There has been concern that this could be used in other property and development sites. Allowing multiple ownership of a single development project can result in serious problems in the form of development approvals, construction regulation and long term property maintenance. An executed Unity of Title document and a Development Agreement (between one owner and the City) can serve the same purpose as the Declaration of Restrictive Covenants. Mr. Whitman questioned what the definition of the Unity of Title is and does it include common ownership. Mr. Youkilis replied that when there are properties that have to be tied together in order to obtain level of development rights. Mr. Vageline commented that one of the common issues is if an owner owns two separate lots and wants to build a single building, unless there is a Unity of Title you cannot build across a common property line. Mr. Whitman questioned if there are two different property owners is it difficult for them to get Unity of Title? Mr. Goldstein responded that a unity of title ensures that those parcels on a very long term basis are held together and to make sure that it is developed as a single site. Mr. Youkilis commented that the owner has to be the owner of all the lots that are being placed in the Unity of Title. Mr. Morton questioned what about if it was three individuals trying to put all the lots together? Mr. Goldstein replied that they could all joint ownership; it is a mechanism of stabilizing development and a Unity of Title could be released. Mr. Cruz questioned the title of the bank development. Mr. Youkilis responded that all of the lots are owned by a corporation. Mr. Whitman commented that the big fear is that it would make it easier for a project to produce PUT). All of a sudden certain limitations no longer limit you, but you would not have to change the zoning and it would be easier for property owners. Mr. Whitman questioned is it difficult for three different property owners to get a Unity of Title on the property? Mr. Goldstein responded that if the owners are willing to jointly own the properties and the concept would be that they would have serious commitment in getting the project done. Mrs. Beckman questioned would this change influence the Mark Richman garage situation or would they be in violation? Mr. Goldstein replied that this would operate prospectively. Planning Board. Meeting June 15, 2010 Excerpt Page 3 of 3 The Vice Chair opened the public hearing. No speakers The Vice Chair closed the public hearing. Motion: Mrs. Beckman moved to approve the application. Mrs. Young seconded. Vote: 6 Ayes 0 Nays TJV /SAY XAComm Items\2010 \8- 3 -10\PB Minutes 6- 15- 2010\PB.Minutes.6.15.2010 Excerpt Declarastion.doc 1 � t � 1 � 11 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Wednesday, November 29, 2006 City Commission Chambers 7:30 P.M. EXCERPT T. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:37 P.M. Action: The Pledge of Allegiance was recited in unison. H. Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Beckman, Mr. Davis, Ms. Lahiff, Ms. Young and Mr. Far£an. Board members absent: Ms. Yates City staff present: Sanford A. Youkilis, A1CP (Acting Planning. Director), Eve Boutsis (City Attorney), Christian Moya (Video Support), and Patricia Lauderman (Planning Board Secretary). M. Planning Board Applications / Public Hearing (E)PB -06 -036 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -5.16 RELATING TO UNITY OF TITLE; CREATING SUBSECTION 20- 5.16(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. Action: Mr. Farfan read the ordinance into the record. The City Attorney Eve Boutsis provided a background summary on the proposed ordinance. Ms. Boutsis indicated that presently Section 20 -5.16 of the Land Development Code requires a Unity of Title when a proposed development project is to be built on two or more platted lots. however, Ms. Boutsis stated that making the change to allow developers to form a joint venture would Planning Board Meeting November 29, 2006 Page 2 of 2 benefit the city because it would allow South Miami to impose more demands. Additionally, this ordinance is in the best interests of the City and consistent with mixed use development trends, it will provide the city with the option of requiring a declaration of restriction in lieu of unity of title, rather than solely the option of unity of title for development. Furthermore, she noted that the use of declaration of restrictions in lieu of unity of title would provide the same safeguards, and will allow for a project to be developed with multiple ownership, rather than a single individual. Chairman Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE Kathy McCann Opposed Ms. McCann indicated she did not see the advantage of the City using the declaration of restrictions in lieu of the declaration of restrictions. Dean Whitman Opposed Mr. Whitman expressed his concern of the proposed ordinance and stated that the change was not needed but seem to him dangerous to get into. Chris Cooke - Yarborough Neutral Mr. Yarborough first expressed his concem for why was the proposed ordinance drafted in the first place. Secondly, he noted his skepticism about the ordinance because the current unity of title works fine, therefore, if the ordinance is not faulty then why should it be; changed. However, he urged the Board to review thoroughly the ordinance and determine if indeed it was in the City's best interest. Beth Schwartz Opposed Ms. Schwartz re- iterated Mr. Whitman concern about the ordinance and urged the Board to not support the ordinance because it is a dangerous change for the City. To conclude she noted that the proposed ordinance is not a good idea. Chairman Morton closed the public hearing. Motion: Ms. Young .made a motion recommending denial of the proposed ordinance. Ms. Beckman seconded the motion. Vote: Ayes 4 Nays 2 (Mr. Morton, Mr. Farfan) K:\PBV'B Minutes @006 Minutes\PB MINS 11 -29 -06 Excerpt 06- 036.doc : s CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Wednesday, November 29, 2006 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:37 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Beckman, Mr. Davis, Ms. Lahiff, Ms. Young and Mr. Farfan. Board members absent: Ms. Yates City staff present: Sanford A. Youkilis, AICP (Acting Planning Director), Eve Boutsis (City Attorney), Christian Moya (Video Support), and Patricia Lauderman (Planning Board Secretary). III. Planning Board Applications / Public Hearing (F)PB -06 -037 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 20 -8.16 RELATING TO UNITY OF TITLE; PROVIDING FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABH.ITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. Action: Ms. Beckman read the ordinance into the record. Mr. Youkilis explained that the proposed amendment to Section 20 -8.16 simply allows the City to accept a "Declaration of Restriction" in lieu of the Unity of Title when approving a development on two or more abutting and platted lots in the TODD zoning district. In addition, Mr. Youkilis stated that the TODD zoning district section of the Code also specifies when a unity of title is Planning Board Meeting November 29, 2006 Page 2 of 2 required and further refers back to the more detailed section on unity of title which is Section 20 -5.16. He noted that it is proposed that this section also be amended to include the alternative use of a Declaration of Restrictions in Lieu of Unity of Title. The Board determined no further discussion was needed due to this ordinance being part of the previous ordinance (PB -06 -037). Chairman Morton opened the public hearing. No one spoke on this item. Chairman Morton closed the public hearing. Motion: Ms. Beckman recommended a motion to deny. Ms. Young seconded the motion. Vote: Ayes 4 Nays 2 (Mr. Morton, Mr. Farfan) K:1PB\PB Minutes\2006 Minute$\FB MINS 11 -29 -06 Excerpt 06- 037.doe $ § cn lul 03 \ % \! . 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